pblabour.gov.in/pdf/acts_rules/inustrial_disputes_act_1947.pdfFile Format: PDF/Adobe Acrobat - Quick ViewPRELIMINARY. 1. Short title, extent and commencement. 1. Short title, extent and commencement.- (1) This Act may be called the Industrial Disputes Act, 1947.At last Mamata Banerjee shows off her real Face to accompolish the Agenda of the Market Dominating ruling Class. Her Crusade against the Working Masses and the Trade Unions get Momentum while media diverts the issue highlighting non issues as it had always been doing!Bunking work won't be easy for state government employees next Tuesday - February 28 - when Left trade unions go on a nation-wide strike. The Mamata Banerjee government has decided not to grant any leave on that day, which means an employee will have to satisfy his superior with valid reasons for unauthorized absence. Failing this, he may face disciplinary action - either pay cut or other penal measures. In a major decision that has set the Bengal Government and its employees in a collision course, State chief secretary Samar Ghosh on Tuesday directed all the Government employees to report for work on February 28, the day when a countrywide strike has been called by all the major trade unions. The Trinamool Congress Trade Union Congress is not backing the strike.The media described more Leftist than the Left Government of Mamata Bannerjee has already struck Trade Union Rights of the Government employees!Now, a circular from the chief secretary issued on Tuesday makes this clear. "Government employees will not be granted leave on that day," it says. Compare this with a similar circular from the chief secretary ahead of a strike call in 2010. "Government employees who do not attend office on that day will be required to apply for leave in accordance with rules," the 2010 circular had said. The move came up in the midst of a row over state Labour Minister Purnendu Bose's remarks on the right to strike of state government staff by the earlier regime. By issuing this, the state has supported Bose, who had ruffled the feathers of employees' associations by threatening to withdraw full trade union rights of government staff.Mind you,Rattled by severe public and media criticism over her hasty comments on Park Street rape case while the investigation was still on, the Populist chief minister Mamata Banerjee on Monday embarked on a damage control exercise.In a face-saving measure, she "deployed" joint police commissioner (crime) Damayanti Sen and joint police commissioner (headquarters) Jawed Shamim of the Kolkata police to counter the allegation that she had interfered in the Park Street rape case.

Meanwhile,the peasants' organisations of the four Left parties have termed the Mamata Banerjee government as being "insensitive to the plight of farmers" and have decided to mobilise them to launch a campaign against the government. The West Bengal government is already under fire from the peasants' community for failing to procure paddy at minimum support price and provide jobs under the MNREGS scheme.

The CPM's peasants' wing Paschimbanga Pradeshik Krishak Sabha has engaged two organisations to find out the reasons that forced 28 farmers to commit suicides.

"The Chief Minister keeps saying that the farmers have committed suicide because of reasons not related to the distress sale of paddy and mounting debt. We would prove this lie with statistics. This is why we have engaged two organisations to make reports on suicidal deaths of the farmers," Madan Ghosh, CPM state secretariat member and president of the Paschimbango Pradeshik Krishak Sabha, said on Sunday.

Addressing a press conference, he said the farmers would demonstrate in front of the Block Development Officers (BDOs) and Sub Divisional Officers (SDOs) across the districts for 10 days starting from February 1, demanding procurement of paddy at minimum support price.

Following a meeting on January 26, the peasants' wings of the four Left parties have called a strike in rural Bengal on 28 February. Incidentally, the Left trade unions have jointly called a general strike on the same day.

The farmers, who are clamouring for the sale of paddy at minimum support price fixed by the state government, would express solidarity at the workers who have called the strike, he said.

Chief minister Mamata Banerjee is determined to foil the bandh on February 28 and she is adopting a two-pronged strategy for this purpose. On the one hand, her government has on Tuesday issued a circular cancelling leaves of all government employees on that day and on the other, her party Trinamul Congress has decided to take to the streets to actively oppose the bandh. The Trinamul Congress apprehends that a successful bandh will further consolidate the CPI(M)'s position which has already got a shot in the arm by the huge success of its Brigade Parade Ground rally on Sunday.

In a move that may trigger fresh controversy regarding the state government's stand on full trade union rights of its employees, Mamata Banerjee government on Tuesday sent a radiogram message to civil servants and policemen stating clearly that government staff will not be allowed to take leave on February 28 when Central trade unions, mostly controlled by the Left parties, will observe industrial strike across the country.

During the Left rule, state government employees who chose to remain absent on the day of a strike used to be given an opportunity to apply for leave. Hardening its stand, the state has made it clear that the option to seek leave on the day will not be given to the staff under the TMC regime. The order is likely to prompt a fresh agitation.

"All the State Government offices will remain open on February 28. All Government employees should report for duty. Government employees will not be allowed to take any leave on that day," the radio-grammed circular to all the Collectors, police chiefs and other senior officers was sent on Monday.However, the State Industries Minister, Partho Chatterjee, said that the Trinamool Congress would take to the streets "to peacefully ensure that all shops and establishments are kept open as the strike has been called to bring the development process of Mamata Banerjee to a standstill."Reacting strongly to the Government circular, Trinamool-backed employees association Naba Parjay leader, Samir Majumdar, said: "This is an undemocratic order aimed at taking away the democratic rights of the employees." CPI leader Gurudas Dasgupta said, "The order is unfortunate" and appealed to the Government to withdraw the directive adding that the employees would in any case join the strike.State Labour Minister Purnendu Bose had earlier declared that the Government was mulling withdrawal of trade union rights of the Government employees as they were "not workmen" as described by the Indian Trade Unions Act. Incidentally, the Left Government after coming to power had given the Government employees the right to join trade unions.On whether the Government or the Trinamool would coerce the employees to join work, Chatterjee said, "Those who would not report for duty would be dealt as per law." The difference in tenor is evident. The latest circular does not leave any room for state government employees to go on mass casual leave as was the norm during the Left rule. Times of India reports.Can an employer deny leave to its employee if he has not exhausted his quota of entitled leaves? "Going on leave can't be the right of an employee unless it is sanctioned by the employer. The employer may take action against an employee found absent at the work place. The employee may suffer a pay cut, or the employer may draw up disciplinary proceedings against the delinquent employee if he is not satisfied with the reasons for his unauthorized leave," says high court lawyer Arunava Ghosh. The circular is being perceived as a prelude to the proposed change in the service conduct code of state government employees that labour minister Purnendu Bose had recently referred to. The proposed change seeks to do away with the finance department circular of 1980 that recognizes the right to association by employees. Bose had argued that the 1980 amendment was contradictory to the subsequent sections of the service rules. Till now, state government employees' federations are firm in their stand to go on strike on their six-point charter of demands that include cancellation of pension privatization bill and fixing Rs 10,000 as the minimum wage. Ananta Bandyopadhyay, general secretary of the CPM-backed Coordination Committee was furious about the circular. "No matter what, we will go ahead with the strike. We have given a notice well in advance. However, if some employees are unable to come to work despite the government's arrangements, shouldn't they have the right to tell them that? How can the government say in advance that there won't be any scope to apply for leave?" he asked. "The Left Front had created history by granting trade union rights to government employees. We had organized strikes even before 1980 and we will continue to do so. However, when it comes to others who are not involved in the strike and who may not be able to turn up, the circular is completely unfair. What is the basis of the circular? It's anti-employee in spirit," he said. Moloy Mukhopadhyay, joint secretary of the Intuc-affliated Confederation of State Government Employees, said that while his association was against the strike, there was "no reason to support" such a circular. "Even if the government arranges for transport, some may not be able to make it. Also, on that day, someone may just want to take a leave for personal reasons. How can even that be not allowed?" asked Mukhopadhyay.The state government issued a circular in the evening which stated that all state government offices would remain open on February 28 and no leave would be granted on that day.The proposed all-India industrial strike which has been called by a conglomerate of 11 trade unions which include the Congress' labour wing Intuc and BJP' labour wing BMS is likely to affect only industries in the rest of the country. In West Bengal, however, the Left parties are leaving no stone unturned to turn the industrial strike into a Bangla bandh which has of late become an anathema for the chief minister. "The bandh is a joint conspiracy by the CPI(M), the Congress and the BJP to derail the development process in the state. It is politically motivated. Therefore, the Trinamul Congress has decided to oppose it peacefully and democratically," Trinamul Congress secretary general and industries minister Partha Chatterjee said.The industrial strike has been called to protest against issues which relate to the Centre."They should go and sit on a dharna in Delhi. Why they want to disrupt normal life in the state?" he asked. Mr Chatterjee said that buses and trains would run normally and schools and colleges, markets and factories would remain open.The State Government Employees' Federation (SGEF) which is closely connected to the Trinamul Congress, has written to the chief minister, urging her to ensure normal transport service and keep open all offices on February 28."The politics of bandh should come to an end to improve our work culture," SGEF state president Manoj Chakraborty said.The CPI(M)-backed Coordination Committee, however, reiterated that they would participate in the strike. "We will participate in the strike to press for our six-point demands. The Left Front government was sympathetic to our cause and even had granted leave to the employees on a day of strike. But this government by issuing a circular has proved that it is against the rights of employees," general secretary of Coordination Committee Ananta Bandyopadhyay said.

Mamata govt strikes down bandh leave

OUR SPECIAL CORRESPONDENT

Calcutta, Feb. 22: The Mamata Banerjee government today issued an order stating that no government employee would be granted leave on February 28, picking up the gauntlet thrown by the CPM that has vowed to make a general strike that day a "success".Several trade unions had called an industrial strike next Tuesday but the CPM-backed Citu had said yesterday it would be converted to a general strike in Bengal. The CPM, flush with the success of the Brigade rally, had also hinted at a showdown with the government, saying the "next step" would be to make the strike a success.The government order barring leave before a general strike is unparalleled in Bengal where shutdowns and disruptions enjoyed the barely concealed blessings of the administration when the Left was in power. Leave used to be cancelled only during emergencies such as natural disasters.The order, issued by chief secretary Samar Ghosh, stated that all precautionary measures would be taken to ensure that no violation of law and order and untoward incidents took place."All state government offices will remain open on that day and all government employees should report for duty. Government employees will not be granted any leave on that day," the order said.During Left rule, the state government used to instruct all employees to attend office on a bandh day but, at the same time, include a provision to allow employees who failed to attend office to take leave.For instance, in an order issued on September 6, 2010, before a general strike called by trade unions, the Left administration had said: "Government employees who don't attend office on that day (strike day) will be required to apply for leave in accordance with rules."Asked what the government will do in the case of employees who cannot report for work on February 28 for a genuine reason, Ghosh said: "The reasons of absence will be treated according to the merit of the case and, accordingly, the government will take its decision."He added: "Leave cannot be granted as a matter of right just because they have leave. This principle is there in the service rules already and employees should be aware of this."A senior bureaucrat said it was "obvious" that in the case of a medical emergency or if no transport was operating in a particular area on that day, a leave application would be treated as "legitimate"."If any employee submits a casual leave or a medical leave application showing proper reasons, the government will grant leave. What we do not want to encourage is an employee using the strike as an excuse to stay away from work," the official added.He added that in case a person had applied for leave before today's order and it had already been granted, the clearance would stand.The CPM-dominated co-ordination committee has opposed the order and dubbed it "illegal". "The government cannot deny employees one of their basic rights. We will not attend office on February 28. The state government can take whatever action it wishes to against us. We will fight it out on the appropriate platform," said Anutosh Sanyal, a co-ordination committee leader.Asked about the order's legal implications, senior lawyer Gitanath Ganguly said: "There is no emergency or natural disaster in the state now. So, an employee has the right to take leave if he has a genuine reason for doing so."The decisive factor will be "genuineness" — something that will be a headache for the government to verify and the employee to establish.Ironically, a showdown may unwittingly help Mamata to hold aloft her "governance" plank, the disenchantment with which is seen as the principal reason behind the huge turnout at the CPM rally that has emboldened the Opposition party after months of inertia. The chief minister may also use the tough stance against the strike to send a positive signal to industry, which is yet to be enthused by the new government.Industries minister Partha Chatterjee told The Telegraph this evening: "The order issued today reflects the government's and the Trinamul's determination to foil the strike. We believe that strikes and bandhs hamper development. We oppose it tooth and nail. We have not given a call for a bandh in the last two years. We will start a campaign and hold public meetings opposing the general strike."The Trinamul-backed United State Government Employees' Federation said it had submitted letters to the chief minister asking the government to make arrangements for "willing employees" to spend the night of February 27 either at Writers' Buildings or somewhere nearby.Partha Chattopadhyay, a core committee member of the union, said: "Only this can ensure that the strike is foiled. Some employees are bound to face problems reaching office. But we support today's order."Another minister said the Trinamul was also determined to ensure that the CPM is unable to make the general strike a success.

Bengal babus to lose right to strike?

TNN | Feb 1, 2012, 04.09AM IST

KOLKATA: It will be illegal for government employees in the state to go on strike or hold rallies if chief minister Mamata Banerjee has her way. In a decision that has sent ripples down both camps, the government wants to take away the employees ' right to association, leave aside strike, that the Left Front government had bestowed upon them. The bold step - once approved by the Cabinet - will be put to test on February 28 when Left trade unionsgo on a countrywide industrial strike. Ironically, it was labour minister Purnendu Bose who was a firebrand trade union leader - who dropped the bombshell on Tuesday. "The erstwhile Left Front government had made amendments to the service rules in 1981, adding a particular section that gave 'full trade union' rights to state government employees. We have decided to do away with this section, since it contradicts the subsequent sections of the service rules," he said at a press conference at Writers' Buildings. It has touched a raw nerve in Bengal, known for a revolutionary fetish. For three decades, the state was used to seeing a deserted Writers' whenever the Left called a bandh or held a rally . The chief secretary would duly issue circulars asking all government employees to come to work and the order was duly ignored. The government never took action against the employees who used to go on mass casual leave on such occasions. Towards the fag end of the Left reign, Writers' would empty out for Trinamool rallies. It was seen as an indication of the impending 'poribartan'. Will writers' shun shutdown habit? West Bengal Government Employees' Union (Nabaparjaya), which is backed by Trinamool Congress, is furious over the move to "stifle our rights" and has threatened an agitation General secretary of United State Government's Employee's Federation, also backed by Trinamool, says employer and employee can never be on same page, and vows continue protests CPM-backed Coordination Committee to protest against decision, too 'No one can usurp right to protest' Chief minister Mamata Banerjee has already barred the police from having unions or going on rallies. The move is now being extended to all state government employees. The new administration is invoking the long-forgotten clauses of the rule book that bar government employees from joining a political party. It will amend the rules to overturn a circular issued by the erstwhile Left Front government in 1981 that gave government employees the right to association. "The (1981) amendment was done despite other sections categorically ruling out a government employee's association with a political party. Our amendment will re-establish the important rule that applies to the whole country," labour minister Purnendu Bose said. "Earlier, government employees were affiliated with Intuc, which was not a political party even though it was run by the Congress. Later, INTTUC gave affiliation to government employees despite being an offshoot of the Trinamool Congress. INTTUC's status is clearly defined in our party's constitution. We need to address these grey areas," Bose said. It seemed the only person who was expecting the "unprecedented decision" was Ananta Bandyopadhyay , general secretary of the CPM backed Coordination Committee. "The Left Front had created history by granting trade union rights to government employees. We knew that a government run by any other party would repeal the rule." Bandyopadhyay has promised to launch the customary protest, though. He shrugged: "No one can usurp our right to protest. We are not waiting for any government to give us the right or snatch it from us." But Samir Majumdar, secretary of the Trinamool-affiliated union, was outraged. "We vehemently condemn the decision. Our trade union rights can't be stifled this way. The former government, though, granting the right in pen and paper, had tried to unnerve us many times. We demand that this government repeal the decision, or we shall launch a protest," he said. Writers' employees apprehend more such "unprecedented decisions" . Some of them recall how a panel of judges had imposed severe penalties on hundreds of government employees in Tamil Nadu after the Jayalalitha-led AIADMK government accused them of misconduct during a statewide strike in July 2003. The government had acted under the Tamil Nadu Essential Services Maintenance Act (TESMA) and the panel was set up in the wake of the government's sacking 200,000 employees to crush the general strike. The state labour minister, however, assured that the Bengal government is "not trying to curb anybody's rights". We are only trying to remove the dichotomy within the service rules. We are truly pro-employee, and are keen to solve issues through dialogue rather than the agitation," he said. Biswajit Bhattacharya, general secretary of another Trinamool-backed union, the United State Government's Employee's Federation, appeared on the same page with the labour minister. "The Left Front government had allowed us trade union rights though it is not due to us. But it used the Coordination Committee to curb any kind of opposition-led protest. The employee and the employer can never be friends. The employer will continue to deprive and we shall resort to protest." The government will also seek to know the total membership of organizations, invoking labour rules that don't acknowledge an organization with less than 20,000 members as a central trade union.http://timesofindia.indiatimes.com/city/kolkata/Bengal-babus-to-lose-right-to-strike/articleshow/11707259.cms

Battle for bandh points

Trinamul vows to foil CPM shutdown

OUR BUREAU

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The CPM has handed rival Trinamul an opportunity to clamber back from an image crisis by converting the industrial strike called by several trade unions on February 28 into a full-fledged Bengal bandh.The ruling party on Tuesday jumped at the chance to launch an attack on the Opposition, saying it was resorting to disruptive politics when the need of the hour was to support development initiatives."The bandh call is politically motivated. At a time when we are working hard for the development of the state, such a bandh is uncalled for," industries minister Partha Chatterjee said at a news conference at Trinamul Bhavan in Topsia.The stress on development comes at a time when the government is struggling to bring investment to the state. Be it the government's hands-off policy on land acquisition or its refusal to grant special economic zone status to projects, efforts to industrialise Bengal have hit policy roadblocks at every step.The government's image took another beating recently when Mamata termed a 37-year-old woman's rape complaint "fabricated", only for police to confirm that she had been sexually assaulted."Our workers and supporters will be on the streets to actively oppose the bandh," minister Chatterjee declared, flaying the "politics of shutdown" championed by the CPM for decades.Within hours of Chatterjee's news conference, the government made it clear that its employees would lose a day's salary if they didn't turn up for work on February 28."This shows that both our party and the government are against bandhs, and that's the message Didi wants to be communicated," said a Trinamul MLA, assuring Calcuttans that special transport and security arrangements would be made to keep the bandh brigade from disrupting life.Chatterjee highlighted how a bandh at the start of the examination season would inconvenience students, although no major examination is slated for February 28.The Council for the Indian School Certificate Examinations had postponed the ICSE and ISC papers originally scheduled for that day in December itself, when the industrial strike was announced. The state government too pushed back the Madhyamik history examination to February 29."I have my English literature exam on February 29 and I was planning to visit my tutor in Bhowanipore the previous day for a revision," said Farhan Ali, a Class X student of St. James School from Park Circus.Several institutions — including the two Apeejay schools, Birla High School for Boys and Mahadevi Birla Girls' Higher Secondary School — have altered their internal examination schedule to spare students the trouble of braving a bandh to sit for their test."The final exams for classes I to IX start on February 22. We have had to reschedule the paper slated for February 28 to the subsequent Saturday," said Reeta Chatterjee, the principal of the Apeejay schools."If there is a strike in the middle of the week, it means losing a working day. We cannot take the risk of asking students to come. A Science Olympiad was slated for February 28, I will have to write to them to reschedule that as well," said Malini Bhagat, the principal of Mahadevi Birla Girls'.Minister Chatterjee said students had nothing to fear. He promised the party and the government would try to ensure February 28 was a normal weekday. The Trinamul secretary-general said party workers would hold street-corner meetings from Wednesday to mobilise public opinion against the bandh.

Working for labour

SHARE · COMMENT(3) · PRINT · T+If the country's trade unions expected progress on the vexed question of a minimum wage guarantee at the 44th Indian Labour Conference, their hopes may have been dashed by the United Progressive Alliance government. Prime Minister Manmohan Singh's inaugural address last week made no mention of implementing a National Floor Level Minimum Wage (NFLMW). Never mind that the application of the 1948 law to all establishments irrespective of the number of workers engaged was uppermost on the conference agenda. The current NFLMW fixed by the Centre in April 2011 is Rs.115 a day. But under the 1948 law, States are free to set their own minimum. As a result, the rates range from a maximum of Rs.203 a day in the National Capital Region of Delhi, to a meagre 68.96 in Andhra Pradesh as on March 2011. Significantly, as many as 21 States still fall below the national minimum, whereas 14 pay wages above that amount. Amendments to the Minimum Wages Act are thus critical to a guaranteed subsistence income for millions of unskilled labourers, including women, who fall well below the standard human development indicators.Similarly, the Prime Minister's statements on social security for employees amount to an endorsement of the erroneous view that the protections currently available to the organised sector are coming in the way of job creation. "We must periodically take a critical look [at] whether our regulatory framework has some parts which unnecessarily hamper the growth of employment, enterprise and industry without really contributing significantly to labour welfare," said Dr. Singh. There is a particularly hollow ring to these remarks made in the context of a country where employment in the organised sector constitutes barely seven per cent of the total workforce. Implicit in this is the reasoning that expenditure on the workforce is a burden, rather than a necessary investment to enhance value and raise the productivity of enterprises. It is necessary to emphasise here that in countries that have embarked upon the deregulation of labour markets, social and welfare protection mechanisms exist which provide a society-wide cushion to the unemployed or indigent. Moreover, attempts to dismantle these protections have met with strong public protests, particularly in Europe. India's trade unions have had a considerable and highly constructive presence in the banking, insurance and telecommunications industries in the public sector for some decades now. While they have time and again opposed the divestment of government stakes in these enterprises, an inability to organise the workforce in the information and communications technology sector has been a singular failure. It is time the concerns of this segment were also addressed.Keywords: Indian Labour Conference, minimum wages, National Floor Level Minimum Wage, Prime Minister Manmohan Singh, Europe, labour marketshttp://www.thehindu.com/opinion/editorial/article2916971.ece

Labor Rights and Trade Union Work

Labour is at the centre of India's public policy, be it governance, poverty alleviation or social equity. Since securing its independence in 1947, India has tried to work towards realising Mahatma Gandhi's dream of developing a "socially just democratic India" by means of centralised planning.The Constitution of India, its labour laws, and its commitment to the conventions of the International Labour Organisation (ILO) ensure labour rights in the organised and unorganised sectors.However, the onset of globalisation following the 1991 liberalisation policy brought out into the open the glaring deficit in decent work conditions, especially in the informal economy. It also made apparent in the world of work discriminations based on gender and caste.India has accorded constitutional legitimacy to membership based organisations (MBOs), such as trade unions which are visualised as an instrument for representing the concerns of its members, securing and promoting labour rights defined by national laws and internally adopted instruments. Accordingly, a large number of trade unions and other Non-Governmental Organisations are functional at local, state, industry and national levels.Most Indian trade unions are active in the Global Unions Federations (GUFs) and maintain close connections with the German Federation of Trade Unions (DGB). FES India, through enhancing MBO capacities, aims at: (i) reducing the deficit in decent work conditions; (ii) contributing towards the achievement of the Millennium Development Goals (MDGs); and (iii) an adherence to globally adopted instruments and conventions. The objective is to work towards the development of an Indian economy which is both more socially just and globally integrated.http://www.fes-india.org/pages/priority-areas/labor-rights-and-trade-union-work.php

Park Street rape case: Accused come up with a mystery sixth name

Caesar Mandal, TNN | Feb 22, 2012, 06.54AM ISTKOLKATA: How many persons were involved in the Park Street rape case? The victim has told police there were five, but on Tuesday one of the accused surprised investigators by naming a sixth person, Md Ali, reportedly a cousin of the accused brothers Kader and Naser Khan. Sources say that during Tuesday's interrogation, another accused corroborated Ali's presence but the third did not. Police immediately started looking for him and found that he was missingfrom his residence since the day Kader fled the city. His family says it has no idea where he is. The police are cautious about the claim. They wonder how seven persons could fit inside aHonda City. "The statements are contradictory. We are yet to verify his presence and his role," said an investigator. He hinted that one of the accused blamed the sixth one for the rape. "Only Kader can clear the confusion and we are now focused on tracking him down," said an investigator. Three teams are looking for Kader and Johnny in neighbouring states. The victim has told police that there were five men in the car. Police have found that Sumit Bajaj was driving it. This is mostly corroborated by the CCTV footage which shows Bajaj standing in front of the car when the woman gets into the vehicle. Later Bajaj is seen opening the front door, say sources. During interrogation, the arrested trio have said that Johnny, a close friend of Naser and Kader, was in the front seat beside Bajaj. Naser, Kader and Nishad Alam alias Ruman Khan were in the back seat with the victim. This matches with the victim's statement that there were three men in the back seat and two in front. The claim of a sixth puzzles police. It could be a ploy to lead them on a wild goose chase, they say. The hunt is intensifying for Johnny and Kader - who is accused to have raped the woman. Johnny owns a cell-phone shop at Kidderpore. He lives in Watgunge and also has a 'hideout' in the Entally area, say police. The arrested trio had said so far that Kader was the one who had actually raped the woman. On Tuesday, two of them suddenly came up with a new story.http://timesofindia.indiatimes.com/city/kolkata-/Park-Street-rape-case-Accused-come-up-with-a-mystery-sixth-name/articleshow/11986248.cms

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2011 Annual Survey of violations of trade union rights - India

Population: 1,200,000,000Capital: New DelhiILO Core Conventions Ratified: 29 – 100 – 105 – 111There were many incidents of police and company-sponsored violence against trade union officials and workers. Numerous trade union leaders were arrested and harassed for their activities. Companies used lockouts against protesting employees. Two workers were killed when police opened fire on protesting workers at Norwera Nuddy Tea Estate in West Bengal. Thousands of workers were arrested or faced criminal charges for engaging in illegal strikes and protests to establish basic rights to bargain and have union recognition. Government employees went on strike for outstanding wages and benefits.TRADE UNION RIGHTS IN LAWWhile basic trade union rights are guaranteed, many restrictions apply in particular in the various states. Workers may establish and join unions of their own choosing; however, in Sikkim registration of a trade union is subject to a police inquiry and prior permission from the state government. The public also has an opportunity to object to the creation of a union and prevent its registration. In all of India, a union must represent an inordinate 100 workers or 10% of the workforce in order to register, and the law limits the number of "outsiders" to sit on a union executive committee.While the right to collective bargaining is guaranteed, there is no legal obligation on employers to recognise a union or engage in collective bargaining. Public service workers enjoy very limited rights to organise and bargain. Furthermore, no government servant may resort to any form of strike, and the government may also demand conciliation or arbitration in certain "essential" industries. As the law does not specify which these industries are, the interpretation varies from one state to another.While strikes are permitted in the special economic zones, a 45-day strike notice period is required. In Kerala, general strikes are illegal and organisers of such a strike can be held financially liable for damages caused to an employer, while in Tamil Nadu, the Essential Services Maintenance Act prescribes imprisonment of up to three years and a fine of INR 5,000 for participation in strikes in "essential services".TRADE UNION RIGHTS IN PRACTICE AND VIOLATIONS IN 2010Background: Despite barriers to organising and the recognition of trade unions in law and practice, two general strikes during the year challenged the policies of the ruling United Progressive Alliance (UPA) party. Over 90% of workers are employed in the agricultural sector and the informal economy where there is little union representation and where it is difficult to enforce legislation. The growing use of contract labour is also creating problems for organising workers. In June a court in Bhopal sentenced seven employees of Union Carbide to jail for neglect over the gas plant leak in 1984 that killed thousands in the world's worst industrial accident.Nestlé signs collective agreements: In the closing weeks of 2009, the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF)-affiliated Federation of All India Nestlé Employees, representing more than 1,200 workers at Nestlé India's factories in Moga, Punjab, and at Ponda and Bicholim, Goa, signed their first collective bargaining agreements after a year-long struggle. At the Nestlé Pantnagar factory in Uttar Pradesh, the Nestle Mazdoor Sangh (Nestle Workers Union) signed a first collective agreement on 5 January. As part of the final settlement, management withdrew the suspension of a founding member of the union who has now returned to work.Child labour widespread: NGOs estimate that 70,000 children from Nepal, Bangladesh, Assam, Bihar and Jharkhand are working in the private mines of Meghalaya. There is no official survey, but the government does not contradict the figures. As Indian officials struggled to deal with mounting international criticism over the safety and security of Commonwealth Game athletes, on 24 September new evidence emerged that showed children as young as seven were being used in the construction of game venues. In an interview with CNN, Harvard fellow and trafficking expert Siddharth Kara said that child labour was a widespread and well-known issue in New Delhi. Kara documented children aged seven, eight, nine and ten years old working alongside their families to get the construction completed, describing the conditions these children were forced to work in as "sub-human". Kara said that in just a few days she reliably documented 32 cases of forced labour and 14 cases of child labour all for construction related to the Commonwealth Games.Suicides in the garment industry: In the two years ending in September 2010, 910 garment workers, including members of their family, in Tirupur, Tamil Nadu, committed suicide. Garment factories in Tirupur produce about 90% of all India's cotton knitwear exports. Ignoring labour laws on overtime pay, many companies pay garment workers at the normal rate of pay for 12 and 16-hour shifts. The garment workers who pack finished goods receive only Rs.106 (USD2.35) per shift.Protesters arrested during general strikes: There were two general strikes in India during 2010 called to protest price increases for essential commodities. The first was on 5 March and the second was on 7 September. On 5 March, protests were held in 200 centres. The strike was called by nine union federations that included the Centre of Indian Trade Unions (CITU), the All India Trade Union Congress (AITUC), the Indian National Trade Union Congress (INTUC), the Hind Mazdoor Sabha (HMS) and the All India Central Council of Trade Unions (AICCTU). According to media reports, thousands of protesters were arrested throughout India. In New Delhi, INTUC President Sanjeeva Reddy, along with CITU President MK Pandhe, AITUC General Secretary Gurudas Dasgupta and HMS General Secretary U Purohit, were taken into custody.On 7 September, around 100 million workers across India went on strike against the policies of the United Progressive Alliance (UPA) government at the centre and state governments. The strike was called by the Coordination Committee of Central Trade Unions (CTUs) consisting of eight central trade unions including the INTUC, the AITUC, the CITU, the HMS, the All India United Trade Union Centre (AIUTUC), the Trade Union Coordinating Committee (TUCC), AICCTU and the All India United Trade Union Congress (UTUC) and the All India Bank Employees Association (AIBEA). International Metalworkers' Federation affiliates – the Indian National Metalworkers' Federation (INMF) and the Steel, Metal & Engineering Workers' Federation of India (SMEFI) – also participated. Besides protesting the rise in prices of essential commodities, other demands made by the CTUs included concrete measures to protect recession-stricken sectors by offering a stimulus package, strict enforcement of labour laws and punishment to those violating them, creation of a national fund for the unorganised workers to provide for social security, and dropping the proposal to disinvest shares in PSUs. In Karur, 287 persons, including 84 women, were arrested when they attempted to picket Central government offices. Those arrested included CITU District Secretary G. Jeevanandam and trade union leaders Ambalavanan and Ramachandran. All those arrested were later released the same day.Air India – unions decertified, leaders suspended and dismissed over safety issue: On 25 May, about 25,000 Air India (AI) workers represented by All India Air Engineers Association (AIAEA) and the Air Corporations Employees Union (ACEU) went on strike after the company issued a gag order concerning a 22 May air crash in Mangalore, Karnataka. The AI strike came to an end on 27 May after the Delhi High Court ruled that the strike was illegal. AI then dismissed 58 employees, including JB Kadian, ACEU General Secretary, and suspended 32 employees including 15 engineers. AI also withdrew recognition from the ACEU and the AIAEA and sealed the offices of both unions located near Mumbai airport. On 28 June, the Delhi High Court directed AI to de-seal the union offices. On 31 October, it was reported that AI had reinstated 25 of the 32 workers suspended for their participation in the May strike. Of these, 24 are engineers who are members of the AIAEA while one employee is from the ACEU. On 11 December, it was reported that AI had reinstated six of the employees it dismissed after they went on strike in May. The other dismissed employees will be taken back after they send AI management letters expressing regret for their action.Hyundai union strikes to reinstate workers: Members of the Hyundai Motor India Employees Union (HMIEU) went on strike on 6 June at the Hyundai Motor's plant in Sriperumbudur, Tamil Nadu, to demand the reinstatement of 67 workers dismissed after a strike in July 2009. After the July 2009 strike, the union and the company signed an agreement to reinstate 87 dismissed employees after a case-by-case review. The company has since reinstated 20 of these employees. The union demands the reinstatement of the remaining 67 employees. HMIEU leader Edison Perira said the union has demanded the reinstatement of the 67 workers and also wants the company to recognise the union. He contended that the company management had not recognised the union, a registered body that was formed in 2007. On 8 June, police arrested over two hundred striking workers. The strike ended on 9 June when the union and the company agreed to establish a six-member review committee with two representatives from the union, company management and the labour commissioner's office to consider the reinstatement of 35 dismissed employees on a case-by-case basis. The remaining 32 workers will have to seek legal remedies in court.Violence against workers: On 25 August, at Viva Global (VG), a garment manufacturer, thugs attacked 60 VG workers while they were on their way to work. Sixteen women were severely beaten, and Anwar Ansari, a Garment and Allied Workers Union (GAWU) leader, was kidnapped and beaten before being dropped near his home over 12 hours later. He was treated for multiple injuries. One of the thugs involved in the attack was identified as a labour contractor used by VG. The attack follows an ongoing workers' campaign to improve working conditions at the factory. On 23 August, VG management attempted to prevent workers from entering the factory and told union leaders and workers that they would be beaten or shot if they continued their campaign. In a separate incident on 22 January, police cane-charged protesting members of the Unemployed Elementary Teachers Training (ETT) Union in Kapurthala, Punjab. Two union members were injured in the attack.State civil servant unions struggle to implement Sixth Pay Commission: On 22 January, in Uttar Pradesh, about 1,600,000 Uttar Pradesh State employees who are members of the State Employees Union, UP Karmachari-Shishak Mahasangh, went on strike to protest a police cane-charge on union members. Union members demonstrated in Lucknow the day before over the State's failure to implement the provisions of the Sixth Pay Commission. Around a dozen union leaders were taken into custody after the demonstration. The State government threatened to invoke Essential Services Maintenance Act (ESMA) against them if they continued their strike.In Jammu and Kashmir, the Employees Joint Action Committee (JKEJAC) and Joint Consultative Committee (JCC) members started a series of strikes in January and February to demand the immediate implementation of the Sixth Pay Commission recommendations. Police used heavy force on striking union members and detained many of them. On 13 April, the Jammu and Kashmir High Court invoked the ESMA and instructed the state government to intensify its efforts to break the strike. Strikes were eventually ended, but on 29 December, JKEJAC and JCC leaders headed by Khursheed Alam reminded Chief Minister Omar Abdullah of his promise regarding issuance of an order pertaining to release of arrears of the Sixth Pay Commission by 31 July. Other government employee strikes over Sixth Pay Commission issues took place in Manipur, Gujarat, Nagaland, Bihar and Jharkhand.On 14 August 2008, the Union Cabinet approved the implementation of the recommendations of the Sixth Central Pay Commission with revised pay scales that were to be effective on 1 January 2006 and revised rates of allowances on 1 September 2008. The Cabinet decided that arrears would be paid in cash in two instalments: the first instalment of 40% during 2008-09 and the remaining 60% in 2009-10. Since then, state civil servant unions in many parts of India have struggled to enforce the Cabinet's mandate.Norwera Nuddy Tea Estate – protest, harassment and death: In a dispute that resulted in a lockout on 14 September 2009, the Norwera Nuddy Tea Estate in West Bengal reopened on 12 December 2009. However, eight workers who were involved in an August 2009 demonstration against the company to protest the abusive treatment of a fellow worker remain suspended. In addition, estate workers have not received any wages or rations owed to them from the period of the lockout. On 15 February, the estate's General Manager told two members of the Nowera Nuddy Workers' Action Committee that he would declare another lockout if they continued their protest activities on behalf of the suspended workers. In late April, local police issued arrest warrants for Arti Oraon and 11 other workers, including the suspended workers.On 28 May, a 25-year-old pesticide-sprayer Gopal Tanti collapsed and died while working on the plantation. Mr Tanti was denied medical treatment and left to die in the field. Up to 500 workers protested his death and the lack of safety and health measures at the plantation. Management called the police, who opened fire on the protesters. Two men, Deep Sona and Ranjit Paharia, were killed and 15 others were injured. On 6 July, the Progressive Tea Workers' Union, organised under the Akhil Bharatiya Adivasi Vikas Parishad, threatened to shut down the four gardens of Tata Tea if the eight suspended workers of Nowera Nuddy Tea Estate were not reinstated in the next few days. Fifty union members demonstrated at the Deputy Labour Commissioner's (DLC) office in Jalpaiguri and demanded immediate discussions.Employers attempt to bust unions: Various incidents of union busting were reported during the year. On 8 September at its plant in Sriperumbudur, Tamil Nadu, Foxconn, a multinational subsidiary of Hon Hai Precision Industry Co Ltd, refused to recognise and bargain with the Foxconn India Thozhilalar Sangam (FITS) Union affiliated with the Centre of India Trade Unions (CITU). In response, about 1,500 FITS members went on strike on 22 September but returned to work the same day after Foxconn management promised to discuss the dispute in the presence of District Labour Commissioner on 27 September. However, on 23 September Foxconn informed the workers that it had already entered into an agreement with the Foxconn India Thozhilalar Munnetra Sangam (FITMS) union and imposed eight-day suspensions on workers who participated in the strike. FITS members resumed their strike on 24 September. The company called the police, who arrested 1,500 workers, and Foxconn suspended 23 union activists. Police released the workers on the same day. As the strike continued, police arrested 250 striking workers on 7 October and released them later in the day. On 10 October, police arrested and imprisoned an estimated 320 strikers along with CITU State Secretary A. Soundararajan and Kanchipuram District Secretary and FITS President E. Muthukumar. On 13 October, 307 arrested strikers were granted bail but the 12 union leaders remained in prison, including Soundararajan and Muthukumar. On 1 November, the 12 union leaders were finally released. On 17 November, CITU leaders called an end to the strike.At BYD Electronic (International) Company Limited (BYD), BYD Electronics workers held a meeting on 9 October to form a union with the help of CITU. In response, BYD management announced plans to lay off around 100 workers. On 21 October, workers conducted a one-day strike that forced management into talks at the Assistant Commissioner of Labour's office. Talks broke down on 27 October when BYD management insisted that they would not discuss contract workers' issues. On 1 November, BYD locked out its workforce, terminated 2,500 contract workers, fired 37 permanent workers, and suspended another two. In addition, the company ordered 437 other workers to sign a letter of apology to keep their jobs. The lockout was imposed after 3,000 workers held a three-day strike on 28-30 October. BYD workers returned to work on 22 November.In Jaipur, Rajasthan, officials at the SMS Medical College threatened to dismiss 2,000 striking contract workers on 31 January. Principal Secretary, Health Education, CM said that the workers' demands were unjust and that the College has already issued new tenders for contract workers. The International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF)-affiliated Schreiber Dynamix Dairies Employees Union, which represents 350 members at the Schreiber Dynamix Dairy (SDD) in Baramati, Maharashtra, launched a campaign earlier this year to address discrimination faced by contract workers. Contract workers are not covered by the collective agreement because of their employment status. Shortly after the union posted a notice calling for a general membership meeting on 14 April to discuss the union's demand to make contract workers permanent, police entered the factory and warned the union's President not to hold the meeting. The union proceeded with the meeting, and union members declared their support for contract workers' right to permanent employment. The following day, the workers held a mass rally to support the demand for contract workers. On 17 April, SDD prohibited the current contract workers from entering the plant and immediately replaced them with 300 new contract workers.Over 190 nurses from the UN Mehta Institute of Cardiology and Research Centre at the Civil Hospital in Ahmedabad, Gujarat, were detained by police on 10 August for protesting outside the hospital over the dismissal of three union leaders. When the nurses formed a union on 6 August, management suspended three union leaders. Nurses want the suspensions lifted and their union recognised.In New Shakti Nagar, Ludhiana, Punjab, more than 500 textile factory workers who are members of the Karkhana Mazdoor Union (KMU) protested on 26 August outside the Labour Commissioner's office. The workers, who work at more than 20 textile factories in New Shakti Nagar, went on strike on 24 August for higher wages. However, on 25 August factory owners told the workers that they had been dismissed from their jobs. Lakhwinder Singh, a union leader, said that workers were told that they have to stop their union activities if they wanted their jobs back. On 31 August, the strikes ended after factory owners entered into a written agreement with the union.On 11 August, more than 800 striking non-teaching employees of Patna University and Lalit Narayan Mithila University of Darbhanga were suspended for violating a 10 August return-to-work order issued by the state Human Resources Department. More than 2,000 striking non-teaching staff of different universities in the state have been suspended for their failure to obey return-to-work orders. On 12 August, the strike launched by the Bihar State University and College Employees' Federation in support of its demands entered its 44th day.Union leaders and workers arrested: Labour activists faced arrest and detention in the pursuit of their activities throughout the year. Police arrested many hundreds of protesting workers and union leaders. Some incidents included the following, but the list is not exhaustive: Punjab police arrested more than 100 teachers across the state on 11 February including Elementary Teachers Training Union (Punjab) (ETT) Jalandhar unit President Beant Singh. The arrests came after the ETT announced plans for a 12 February protest in Lambi. Striking weavers, including 118 women, were arrested after they staged a demonstration in support of a wage increase at Sellur City, Tamil Nadu, on 15 March. Marumalarchi Labour Front State Secretary Mahaboob John led the protest. All those arrested were released the same day.Police detained nearly 500 protesting members of the Indian Link Workers' Union of Ahmedabad on 1 May in Ahmedabad, Gurjarat. Most of those arrested were women. Union leaders arrested included Akash Shah, Vinod Pilvaikar, Pallavi Solanki, Ramila Rawal, and Bhanu Makwana. The protesters were later freed. On 11 June, Amargarh police in Uttar Pradesh arrested 25 Didar Steel workers on charges of criminal trespass when the workers protested at the mill over the company's failure to pay them their full wages. At Ramanathapuram, Tamil Nadu, police arrested 73 contract workers of the Tamil Nadu Electricity Board on 20 June when they protested to demand regularisation of their jobs.In Chennai, nearly 2,000 workers, most of them women, were taken into custody. In Chennai, Tamil Nadu, leaders and members of the Tamil Nadu State Marketing Corporation Employees (TASMAC) Liquor Shop Workers Union, AITUC and ITUC affiliates, were arrested on 11 August when they attempted to demonstrate in front of the District Collectorate. Forty people were remanded to judicial custody. Those arrested included TASMAC State Secretary (CITU) Mr. Soundarapandian, TASMAC Vice-President S. Jayaprakasan, and Anna Thozhirsanga Peravai Secretary R. Chinnasamy.Protesting workers locked-out: Various companies used lockouts against protesting workers during the year. (The following list is not exhaustive.) Lockouts occurred at the Bosch plant in Naganathapura, Karnataka, in response to a strike by MICO Karmikara Sangha-Naganathapura (MKS-N) union workers. Company officials locked out workers on 8 March. On 13 March, the lockout ended after an understanding was reached between the management and the union. Apache Footwear India Private Ltd (Apache) locked out around 6,000 employees at its factory on 9 March after workers walked off the job and demonstrated outside the factory. Apache management informed the employees that they were suspended without pay until the factory reopened on 17 March. Apache workers had walked off the job earlier in the year to demand better wages and work conditions. At that time, management responded with threats of "serious consequences" against workers if there were future industrial actions.Similarly, on 11 June, Apollo Tyres announced a lockout at one of its factory in Perambra, Thrissur, Kerala. The company cited labour unrest in initiating the lockout. The lockout ended on 21 August after the company and unions settled on new work agreement. The three-year agreement was supposed to have been signed in November 2009. Rajasthan Explosives and Chemicals Limited (RECL) in Dholpur, Rajasthan locked out its union employees on 3 October. Union leader Ramesh Chandra said the lockout was illegal. After meeting with company, the lockout ended on 4 October. And finally, over 400 workers at three pharmaceutical production plants of Orchid, Qualpro and Zephyr Systems (Rowtech) in Verna, Goa, were locked out on 27 December after demanding a wage increase and an end to the recruitment of contract workers. The pharmaceutical workers are members of the Orchid, Qualpro and Zephyr, Verna employees union.Harassment of union members: The Int Bhattha Mazdoor Union, which represents brick kiln workers in Ahmedabad, Gujarat, went on indefinite strike on 15 January. Union leader Sudhir Katiyar said that kiln owners tried to assault a worker at Dhedhal village near Bavla, and similar incidents were reported in Chhatiyada and in Gandhinagar. Union Secretary Dinesh Parmar said that employers had filed false complaints against workers with police. In another incident, on 8 August, the Karnataka State Road Transport Corporation Staff and Workers' Federation alleged that senior officials of the North East Karnataka Road Transport Corporation (NEKRTC) were harassing its union leaders. Federation Vice-President, Shoukat Ali Alur said that NEKRTC officials were transferring union leaders in reprisal for speaking out against the harassment.http://www.unhcr.org/refworld/docid/4ea66207c.htmlTHE TRADE UNIONS ACT, 1926 ACT NO. 16 OF 1926*1 [25th March, 1926.] An Act to provide for the registration of Trade Unions and in certain respects to define the law relating to registered Trade Unions 2***. WHEREAS it is expedient to provide for the registration of Trade Unions and in certain respects to define the law relating to registered Trade Unions 2***; It is hereby enacted as follows:-- CHAP PRELIMINARY CHAPTER I PRELIMINARY 1. Short title, extent and commencement. 1. Short title, extent and commencement.- (1) This Act may be called the 3*** Trade Unions Act, 1926. 4*[(2) It extends to the whole of India 5*** .] (3) It shall come into force on such date 6*** as the Central Government may, by notification in the Official Gazette, appoint. 2. Definitions. 2. Definitions.- In this Act 7*[`the appropriate Government' means, in relation to Trade Unions whose objects are not confined to one State, the Central Government, and in relation to other Trade Unions, the State Government, and], unless there is anything repugnant in the subject or context,-- (a) "executive" means the body, by whatever name called, to which the management of the affairs of a Trade Union is entrusted; (b) "8*[office-bearer]", in the case of a Trade Union, includes any member of the executive thereof, but does not include an auditor; --------------------------------------------------------------------- 1. This Act has been extended to Goa. Daman and Diu by Reg. 12 of 1962; to Pondicherry (w.e.f. 1-10-1963) by Reg. 7 of 1963 and to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and Sch. Amended in Madhya Pradesh by M.P. Act 16 of 1968. Amended in Maharashtra by Mrh. Act 30 of 1968. 2. The words "in the Provinces of India" omitted by Act 42 of 1960, s. 2. 3. The word "Indian" omitted by Act 38 of 1964, s. 3 (w.e.f. 1-4-1965). 4. Subs. by the A. O. 1950, for sub-section (2). 5. The words "except the State of Jammu and Kashmir" omitted by Act 51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971). 6. 1st June, 1927; see Gazette of India, 1927, Pt. I, p. 467. 7. Ins. by the A. O. 1937. 8. Subs. by Act 38 of 1964, s. 2, for "officer" (w.e.f. 1-4-1965). 52 (c) "prescribed" means prescribed by regulations made under this Act; (d) "registered office" means that office of a Trade Union which is registered under this Act as the head office thereof; (e) "registered Trade Union" means a Trade Union registered under this Act; 1*[(f) "Registrar" means-- (i) a Registrar of Trade Unions appointed by the appropriate Government under section 3, and includes any Additional or Deputy Registrar of Trade Unions; and (ii) in relation to any Trade Union, the Registrar appointed for the State in which the head or registered office, as the case may be, of the Trade Union is situated ;] (g) "trade dispute" means any dispute between employers and workmen or between workmen and workmen, or between employers and employers which is connected with the employment or non-employment, or the terms of employment or the conditions of labour, of any person, and "workmen" means all persons employed in trade or industry whether or not in the employment of the employer with whom the trade dispute arises; and (h) "Trade Union" means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more Trade Unions: Provided that this Act shall not affect-- (i) any agreement between partners as to their own business; (ii) any agreement between an employer and those employed by him as to such employment; or --------------------------------------------------------------------- 1. Subs. by Act 42 of 1960, s. 3, for cl. (f). 53 (iii) any agreement in consideration of the sale of the good-will of a business or of instruction in any profession, trade or handicraft. CHAP REGISTRATION OF TRADE UNIONS CHAPTER II REGISTRATION OF TRADE UNIONS 3. Appointment of Registrars. 3. Appointment of Registrars.- 1*[(1)] 2*[The appropriate Government] shall appoint a person to be the Registrar of Trade Unions for 3*[each State]. 4*[(2) The appropriate Government may appoint as many Additional and Deputy Registrars of Trade Unions as it thinks fit for the purpose of exercising and discharging, under the superintendence and direction of the Registrar, such powers and functions of the Registrar under this Act as it may, by order, specify and define the local limits within which any such Additional or Deputy Registrar shall exercise and discharge the powers and functions so specified. (3) Subject to the provisions of any order under sub-section (2), where an Additional or Deputy Registrar exercises and discharges the powers and functions of a Registrar in an area within which the registered office of a Trade Union is situated, the Additional or Deputy Registrar shall be deemed to be the Registrar in relation to the Trade Union for the purposes of this Act.] 4. Mode of registration. 4. Mode of registration.- 5*[(1)] Any seven or more members of a Trade Union may, by subscribing their names to the rules of the Trade Union and by otherwise complying with the provisions of this Act with respect to registration, apply for registration of the Trade Union under this Act. 6*[(2) Where an application has been made under sub-section (1) for the registration of a Trade Union, such application shall not be deemed to have become invalid merely by reason of the fact that, at any time after the date of the application, but before the registration of the Trade Union, some of the applicants, but not exceeding half of the total number of persons who made the application, --------------------------------------------------------------------- 1. S. 3 re-numbered as sub-section (1) thereof by Act 42 of 1960, s. 4. 2. Subs. by the A. O. 1937, for "Each L. G.". 3. Subs., ibid., for "the Province". 4. Ins. by Act 42 of 1960, s. 4. 5. S. 4 re-numbered as sub-section (1) thereof by s. 5, ibid. 6. Ins. by s. 5, ibid. 54 have ceased to be members of the Trade Union or have given notice in writing to the Registrar dissociating themselves from the application.] 5. Application for registration. 5. Application for registration.- (1) Every application for registration of a Trade Union shall be made to the Registrar, and shall be accompanied by a copy of the rules of the Trade Union and a statement of the following particulars, namely:-- (a) the names, occupations and addresses of the members making the application; (b) the name of the Trade Union and the address of its head office; and (c) the titles, names, ages, addresses and occupations of the 1*[office-bearers] of the Trade Union. (2) Where a Trade Union has been in existence for more than one year before the making of an application for its registration, there shall be delivered to the Registrar, together with the application, a general statement of the assets and liabilities of the Trade Union prepared in such form and containing such particulars as may be prescribed. 6. Provisions to be contained in the rules of a Trade Union. 6. Provisions to be contained in the rules of a Trade Union.- A Trade Union shall not be entitled to registration under this Act, unless the executive thereof is constituted in accordance with the provisions of this Act, and the rules thereof provide for the following matters, namely:-- (a) the name of the Trade Union; (b) the whole of the objects for which the Trade Union has been established; (c) the whole of the purposes for which the general funds of the Trade Union shall be applicable, all of which purposes shall be purposes to which such funds are lawfully applicable under this Act; (d) the maintenance of a list of the members of the Trade Union and adequate facilities for the inspection thereof by the 1*[office-bearers] and members of the Trade Union; (e) the admission of ordinary members who shall be persons actually engaged or employed in an industry with which the Trade Union is connected, and also the admission of --------------------------------------------------------------------- 1. Subs. by Act 38 of 1964, s. 2, for "officers" (w.e.f. 1-4-1965). 55 the number of honorary or temporary members as 1*[office-bearers] required under section 22 to form the executive of the Trade Union; 2*[(ee) the payment of a subscription by members of the Trade Union which shall be not less than twenty-five naye paise per month per member ;] (f) the conditions under which any member shall be entitled to any benefit assured by the rules and under which any fine or forfeiture may be imposed on the members; (g) the manner in which the rules shall be amended, varied or rescinded; (h) the manner in which the members of the executive and the other 1*[office-bearers] of the Trade Union shall be appointed and removed; (i) the safe custody of the funds of the Trade Union, an annual audit, in such manner as may be prescribed, of the accounts thereof, and adequate facilities for the inspection of the account books by the 1*[office- bearers] and members of the Trade Union; and (j) the manner in which the Trade Union may be dissolved. 7. Power to call for further particulars and to require alteration ofname. 7. Power to call for further particulars and to require alteration of name.- (1) The Registrar may call for further information for the purpose of satisfying himself that any application complies with the provisions of section 5, or that the Trade Union is entitled to registration under section 6, and may refuse to register the Trade Union until such information is supplied. (2) If the name under which a Trade Union is proposed to be registered is identical with that by which any other existing Trade Union has been registered or, in the opinion of the Registrar, so nearly resembles such name as to be likely to deceive the public or the members of either Trade Union, the Registrar shall require the persons applying for registration to alter the name of the Trade Union stated in the application, and shall refuse to register the Union until such alteration has been made. 8. Registration. 8. Registration.-The Registrar, on being satisfied that the Trade Union has complied with all the requirements of this Act in regard to registration, shall register the Trade Union by entering in a register, to --------------------------------------------------------------------- 1. Subs. by Act 38 of 1964, s. 2, for "officers" (w.e.f. 1-4-1965). 2. Ins. by Act 42 of 1960, s. 6. 56 be maintained in such form as may be prescribed, the particulars relating to the Trade Union contained in the statement accompanying the application for registration. 9. Certificate of registration. 9. Certificate of registration.- The Registrar, on registering a Trade Union under section 8, shall issue a certificate of registration in the prescribed form which shall be conclusive evidence that the Trade Union has been duly registered under this Act. 10. Cancellation of registration. 10. Cancellation of registration.- A certificate of registration of a Trade Union may be withdrawn or cancelled by the Registrar-- (a) on the application of the Trade Union to be verified in such manner as may be prescribed, or (b) if the Registrar is satisfied that the certificate has been obtained by fraud or mistake, or that the Trade Union has ceased to exist or has wilfully and after notice from the Registrar contravened any provision of this Act or allowed any rule to continue in force which is inconsistent with any such provision, or has rescinded any rule providing for any matter provision for which is required by section 6: Provided that not less than two months' previous notice in writing specifying the ground on which it is proposed to withdraw or cancel the certificate shall be given by the Registrar to the Trade Union before the certificate is withdrawn or cancelled otherwise than on the application of the Trade Union. 11. Appeal. 1*[11. Appeal.- (1) Any person aggrieved by any refusal of the Registrar to register a Trade Union or by the withdrawal or cancellation of a certificate of registration may, within such period as may be prescribed, appeal,-- (a) where the head office of the Trade Union is situated within the limits of a Presidency-town 2***, to the High Court, or (b) where the head office is situated in any other area, to such Court, not inferior to the Court of an additional or assistant Judge of a principal Civil Court of original jurisdiction, as the 3*[appropriate Government] may appoint in this behalf for that area. --------------------------------------------------------------------- 1. Subs. by Act 15 of 1928, s. 2, for the original section. 2. The words "or of Rangoon" omitted by the A. O. 1937. 3. Subs., ibid., for "L. G.". 57 (2) The appellate Court may dismiss the appeal, or pass an order directing the Registrar to register the Union and to issue a certificate of registration under the provisions of section 9 or setting aside the order for withdrawal or cancellation of the certificate, as the case may be, and the Registrar shall comply with such order. (3) For the purpose of an appeal under sub-section (1) an appellate Court shall, so far as may be, follow the same procedure and have the same powers as it follows and has when trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), and may direct by whom the whole or any part of the costs of the appeal shall be paid, and such costs shall be recovered as if they had been awarded in a suit under the said Code. (4) In the event of the dismissal of an appeal by any Court appointed under clause (b) of sub-section (1), the person aggrieved shall have a right of appeal to the High Court, and the High Court shall, for the purpose of such appeal, have all the powers of an appellate Court under sub-sections (2) and (3), and the provisions of those sub-sections shall apply accordingly.] 12. Registered office. 12. Registered office.- All communications Union may be addressed to its registered office. Notice of any change in the address of the head office shall be given within fourteen days of such change to the Registrar in writing, and the changed address shall be recorded in the register referred to in section 8. 13. Incorporation of registered Trade Unions. 13. Incorporation of registered Trade Unions.- Every registered Trade Union shall be a body corporate by the name under which it is registered, and shall have perpetual succession and a common seal with power to acquire and hold both movable and immovable property and to contract, and shall by the said name sue and be sued. 14. Certain Acts not to apply to registered Trade Unions. 14. Certain Acts not to apply to registered Trade Unions.- The following Acts, namely:-- (a) The Societies Registration Act, 1860 (21 of 1860), (b) The Co-operative Societies Act, 1912 (2 of 1912), 1*[(c) The Companies Act, 1956 (1 of 1956);] shall not apply to any registered Trade Union, and the registration of any such Trade Union under any such Act shall be void. --------------------------------------------------------------------- 1. Subs. bu Act 42 of 1960, s. 7, for cl. (e) Former cls. (e) and (d) were omitted by Act 25 of 1942, s. 2 and Sch. I. 58 CHAP RIGHTS AND LIABILITIES OF REGISTERED TRADE UNIONS CHAPTER III RIGHTS AND LIABILITIES OF REGISTERED TRADE UNIONS 15. Objects on which general funds may be spent. 15. Objects on which general funds may be spent.- The general funds of a registered Trade Union shall not be spent on any other objects than the following, namely:-- (a) the payment of salaries, allowances and expenses to l*[office-bearers] of the Trade Union; (b) the payment of expenses for the administration of the Trade Union, including audit of the accounts of the general funds of the Trade Union; (c) the prosecution or defence of any legal proceeding to which the Trade Union or any member thereof is a party, when such prosecution or defence is undertaken for the purpose of securing or protecting any rights of the Trade Union as such or any rights arising out of the relations of any member with his employer or with a person whom the member employs; (d) the conduct of trade disputes on behalf of the Trade Union or any member thereof; (e) the compensation of members for loss arising out of trade disputes; (f) allowances to members or their dependants on account of death, old age, sickness, accidents or unemployment of such members; (g) the issue of, or the undertaking of liability under, policies of assurance on the lives of members, or under policies insuring members against sickness, accident or unemployment; (h) the provision of educational, social or religious benefits for members (including the payment of the expenses of funeral or religious ceremonies for deceased members) or for the dependants of members; (i) the upkeep of a periodical published mainly for the purpose of discussing questions affecting employers or workmen as such; (j) the payment, in furtherance of any of the objects on which the general funds of the Trade Union may be spent, of contributions to any cause intended to benefit workmen --------------------------------------------------------------------- 1. Subs. by Act 38 of 1964, s. 2, for "officers "(w.e.f. 1-4-1965). 59 in general, provided that the expenditure in respect of such contributions in any financial year shall not at any time during that year be in excess of one-fourth of the combined total of the gross income which has up to that time accrued to the general funds of the Trade Union during that year and of the balance at the credit of those funds at the commencement of that year; and (k) subject to any conditions contained in the notification, any other object notified by the 1*[appropriate Government] in the official Gazette. 16. Constitution of a separate fund for political purposes. 16. Constitution of a separate fund for political purposes.-(1) A registered Trade Union may constitute a separate fund, from contributions separately levied for or made to that fund, from which payments may be made, for the promotion of the civic and political interests of its members, in furtherance of any Of the objects specified in sub-section (2). (2) The objects referred to in sub-section (1) are:-- (a) the payment of any expenses incurred, either directly or indirectly, by a candidate or prospective candidate for election as a member of any legislative body constituted under 2*[the Constitution] or of any local authority, before, during, or after the election in connection with his candidature or election; or (b) the holding of any meeting or the distribution of any literature or documents in support of any such candidate or prospective candidate; or (c) the maintenance of any person who is a member of any legislative body constituted under 2*[the Constitution] or of any local authority; or (d) the registration of electors or the election of a candidate for any legislative body constituted under 2*[the Constitution] or for any local authority; or (e) the holding of political meetings of any kind, or the distribution of political literature or political documents of any kind. 3*[(2A) In its application to the State of Jammu and Kashmir, references in sub-section (2) to any legislative body constituted under the --------------------------------------------------------------------- 1. Subs. by the A. O. 1937, for "G. G. in C.". 2. The words "the Government of India Act" have been successively amended by the A. O. 1937, the A. O. 1950 and Act 42 of 1960 to read as above. 3. Ins. by Act 51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971). 60 Constitution shall be construed as including references to the Legislature of that State.] (3) No member shall be compelled to contribute to the fund constituted under sub-section (1); and a member who does not contribute to the said fund shall not be excluded from any benefits of the Trade Union, or placed in any respect either directly or indirectly under any disability or at any disadvantage as compared with other members of the Trade Union (except in relation to the control or management of the said fund) by reason of his not contributing to the said fund; and contribution to the said fund shall not be made a condition for admission to the Trade Union. 17. Criminal conspiracy in trade disputes. 17. Criminal conspiracy in trade disputes.- No 1*[office-bearer] or member of a registered Trade Union shall be liable to punishment under sub-section (2) of section 120B Indian Penal Code (45 of 1860), in respect of any agreement made between the members for the purpose of furthering any such object of the Trade Union as is specified in section 15, unless the agreement is an agreement to commit an offence. 18. Immunity from civil suit in certain cases. 18. Immunity from civil suit in certain cases.- (1) No suit or other legal proceeding shall be maintainable in any Civil Court against any registered Trade Union or any 1*[office-bearer; or member thereof in respect of any act done in contemplation or furtherance of a trade dispute to which a member of the Trade Union is a party on the ground only that such act induces some other person to break a contract of employment, or that it is in interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital or of his labour as he wills. (2) A registered Trade Union shall not be liable in any suit or other legal proceeding in any Civil Court in respect of any tortious act done in contemplation or furtherance of a trade dispute by an agent of the Trade Union if it is proved that such person acted without the knowledge of, or contrary to express instructions given by, the executive of the Trade Union. 19. Enforceability of agreements. 19. Enforceability of agreements.- Notwithstanding anything contained in any other law for the time being in force, an agreement between the members of a registered Trade Union shall not be void or voidable merely by reason of the fact that any of the objects of the agreement are in restraint of trade: Provided that nothing in this section shall enable any Civil Court to entertain any legal proceeding instituted for the express purpose of enforcing or recovering damages for the breach of any agreement concerning the --------------------------------------------------------------------- 1. Subs. by Act 38 of 1964, s. 2 for "officer" (w.e.f. 1-4-1965). 61 conditions on which any members of a Trade Union shall or shall not sell their goods, transact business, work, employ or be employed. 20. Right to inspect books of Trade Union. 20. Right to inspect books of Trade Union.- The account books of a registered Trade Union and the list of members thereof shall be open to inspection by an 1*[office-bearer] or member of the Trade Union at such times as may be provided for in the rules of the Trade Union. 21. Rights of minors to membership of Trade Unions. 21. Rights of minors to membership of Trade Unions.- Any person who has attained the age of fifteen years may be a member of a registered Trade Union subject to any rules of the Trade Union to the contrary, and may, subject as aforesaid, enjoy all the rights of a member and execute all instruments and give all acquittances necessary to be executed or given under the rules. 2* * * * * 21A. Disqualifications of office-bearers of Trade Unions. 3*[21A. Disqualifications of office-bearers of Trade Unions.- (1) A person shall be disqualified for being chosen as, and for being, a member of the executive or any other office-bearer of a registered Trade Union if-- (i) he has not attained the age of eighteen years, (ii) he has been convicted by a Court in India of any offence involving moral turpitude and sentenced to imprisonment, unless a period of five years has elapsed since his release. (2) Any member of the executive or other office-bearer of a registered Trade Union who, before the commencement of the Indian Trade Unions (Amendment) Act, 1964 (38 of 1964), has been convicted of any offence involving moral turpitude and sentenced to imprisonment, shall on the date of such commencement cease to be such member or office-bearer unless a period of five years has elapsed since his release before that date.] 4*[(3) In its application to the State of Jammu and Kashmir, reference in sub-section (2) to the commencement of the Indian Trade Unions (Amendment) Act, 1964 (38 of 1964), shall be construed as reference to the commencement of this Act in the said State.] 22. Proportion of office-bearers to be connected with the industry. 22. Proportion of office-bearers to be connected with the industry.- Not less than one-half of the total number of the 5*[office- bearers] of every registered Trade Union shall be persons actually engaged or employed in an industry with which the Trade Union is connected: Provided that the 6*[appropriate Government] may, by special or general order, declare that the provisions of this section shall not apply --------------------------------------------------------------------- 1. Subs. by Act 38 of 1964, s. 2, for "officer" (w.e.f. 1-4-1965). 2. The proviso omitted by s. 4, ibid. (w.e.f. 1-4-1965). 3. Ins. by s. 5, ibid. (w.e.f. 1-4-1965). 4. Ins. by Act 51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971). 5. Subs. by Act 38 of 1964, s. 2, for "officers" (w.e.f. 1-4-1965). 6. Subs. by the A. O. 1937, for "L. G.". 62 to any Trade Union or class of Trade Unions specified in the order. 23. Change of name 23. Change of name.- Any registered Trade Union may, with the consent of not less than two-thirds of the total number of its members and subject to the provisions of section 25, change its name. 24. Amalgamation of Trade Unions. 24. Amalgamation of Trade Unions.- Any two or more registered Trade Unions may become amalgamated together as one Trade Union with or without dissolution or division of the funds of such Trade Unions or either or any of them, provided that the votes of at least one-halt of the members of each or every such trade Union entitled to vote are recorded, and that at least sixty per cent. of the votes recorded are in favour of the proposal. 25. Notice of change of name or amalgamation. 25. Notice of change of name or amalgamation.- (1) Notice in writing of every change of name of every amalgamation, signed, in the case of a change of name, by the Secretary and by seven members of the Trade Union changing its name, and, in the case of an amalgamation, by the Secretary and by seven members of each and every Trade Union which is a party thereto, shall be sent to the Registrar, and where the head office of the amalgamated Trade Union is situated in a different State, to the Registrar of such State. (2) If the proposed name is identical with that by which any other existing Trade Union has been registered or, in the opinion of the Registrar, so nearly resembles such name as to be likely to deceive the public or the members of either Trade Union, the Registrar shall refuse to register the change of name. (3) Save as provided in sub-section (2), the Registrar shall, if he is satisfied that the provisions of this Act in respect of change of name have been complied with, register the change of name in the register referred to in section 8, and the change of name shall have effect from the date of such registration. (4) The Registrar of the State in which the head office of the amalgamated Trade Union is situated shall, if he is satisfied that the provisions of this Act in respect of amalgamation have been complied with and that the Trade Union formed thereby is entitled to registration under section 6, register the Trade Union in the manner provided in section 8, and the amalgamation shall have effect from the date of such registration. 26. Effects of change of name and of amalgamation. 26. Effects of change of name and of amalgamation.- (1) The change in the name of a registered Trade Union shall not a affect any rights or obligations of the Trade Union or render 63 defective any legal proceeding by or against the Trade Union, and any legal proceeding which might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name. (2) An amalgamation of two or more registered Trade Unions shall not prejudice any right of any of such Trade Unions or any right of a creditor of any of them. 27. Dissolution. 27. Dissolution.- (1) When a registered Trade Union is dissolved, notice of the dissolution signed by seven members and by the Secretary of the Trade Union shall, within fourteen days of the dissolution, be sent to the Registrar, and shall be registered by him if he is satisfied that the dissolution has been effected in accordance with the rules of the Trade Union, and the dissolution shall have effect from the date of such registration. (2) Where the dissolution of a registered Trade Union has been registered and the rules of the Trade Union do not provide for the distribution of funds of the Trade Union on dissolution, the Registrar shall divide the funds amongst the members in such manner as may be prescribed. 28. Returns. 28. Returns.- (1) There shall be sent annually to the Registrar, on or before such date as may be prescribed, a general statement, audited in the prescribed manner, of all receipts and expenditure of every registered Trade Union during the year ending on the 31st day of 1*[December] next preceding such prescribed date, and of the assets and liabilities of the Trade Union existing on such 31st day of 1*[December]. The statement shall be prepared in such form and shall comprise such particulars as may be prescribed. (2) Together with the general statement there shall be sent to the Registrar a statement showing all changes of 2*[office-bearers] made by the Trade Union during the year to which the general statement refers, together also with a copy of the rules of the Trade Union corrected up to the date of the despatch thereof to the Registrar. (3) A copy of every alteration made in the rules of a registered Trade Union shall be sent to the Registrar within fifteen days of the making of the alteration. 3*[(4) For the purpose of examining the documents referred to in sub-sections (1), (2) and (3), the Registrar, or any officer authorised by him, by general or special order, may at all reasonable times --------------------------------------------------------------------- 1. Subs. by Act 38 of 1964, s. 6, for "March" (w.e.f. 1-4-1965). 2. Subs. by s. 2, ibid., for "officers" (w.e.f. 1-4-1965). 3. Ins. by Act 42 of 1960, s. 9. 64 inspect the certificate of registration, account books, registers, and other documents, relating to a Trade Union, at its registered office or may require their production at such place as he may specify in this behalf, but no such place shall be at a distance of more than ten miles from the registered office of a Trade Union.] CHAP REGULATIONS CHAPTER IV REGULATIONS 29. Power to make regulations. 29. Poser to make regulations.- (1) 1*** The 2*[appropriate Government] may make regulations for the purpose of carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-- (a) the manner in which Trade Unions and the rules of Trade Unions shall be registered and the fees payable on registration; (b) the transfer of registration in the case of any registered Trade Union which has changed its head office from one State to another; (c) the manner in which, and the qualifications of persons by whom, the accounts of registered Trade Unions or of any class of such Unions shall be audited; (d) the conditions subject to which inspection of documents kept by Registrars shall be allowed and the fees which shall be chargeable in respect of such inspections; and (e) any matter which is to be or may be prescribed. 30. Publication of regulations. 30. Publication of regulations.-(1) The power to make regulations conferred by section 29 is subject to the condition of the regulations being made after previous publication. (2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses Act, 1897 (10 of 1897), as that after which a draft of regulations proposed to be made will be taken into consideration shall not be less than three months from the date on which the draft of the proposed regulations was published for general information. --------------------------------------------------------------------- 1. The words "Subject to the control of the G. G. in C." omitted by the A. O. 1937. 2. Subs., ibid., for "L. G.". 65 (3) Regulations so made shall be published in the Official Gazette, and on such publication shall have effect as if enacted in this Act. CHAP PENALTIES AND PROCEDURE CHAPTER V PENALTIES AND PROCEDURE 31. Failure to submit returns. 31. Failure to submit returns.-(1) If default is made on the part of any registered Trade Union in giving any notice or sending any statement or other document as required by or under any provision of this Act, every 1*[office- bearer] or other person bound by the rules of the Trade Union to give or send the same, or, if there is no such 1*[office-bearer] or person every member of the executive of the Trade Union, shall be punishable, with fine which may extend to five rupees and, in the case of a continuing default, with an additional fine which may extend to five rupees for each week after the first during which the default continues: Provided that the aggregate fine shall not exceed fifty rupees. (2) Any person who wilfully makes, or causes to be made, any false entry in, or any omission from, the general statement required by section 28, or in or from any copy of rules or of alterations of rules sent to the Registrar under that section, shall be punishable with fine which may extend to five hundred rupees. 32. Supplying false information regarding Trade Unions. 32. Supplying false information regarding Trade Unions.- Any person who, with intent to deceive, gives to any member of a registered Trade Union or to any person intending or applying to become a member of such Trade Union any document purporting to be a copy of the rules of the Trade Union or of any alterations to the same which he knows, or has reason to believe, is not a correct copy of such rules or alterations as are for the time being in force, or any person who, with the like intent, gives a copy of any rules of an unregistered Trade Union to any person on the pretence that such rules are the rules of a registered Trade Union, shall be punishable with fine which may extend to two hundred rupees. 33. Congnizance of offences. 33. Congnizance of offences.- (1) No Court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence under this Act. (2) No Court shall take cognizance of any offence under this Act, unless complaint thereof has been made by, or with the previous sanction of, the Registrar or, in the case of an offence under section 32, by the person to whom the copy was given, within six months of the date on which the offence is alleged to have been committed. --------------------------------------------------------------------- 1. Subs. by Act 38 of 1964 s. 2, for "officer" (w.e.f. 1-4-1965).